AUDITING AS A GENERAL CONDITION OF APPEAL PROCEEDINGS

Abstract

The article is devoted to auditing as the general condition of appeal proceedings. The author
substantiates the need to maintain this condition in modern criminal trial, as it is not contrary
to the general condition of the adversarial principle and it results from the publicity of the
criminal process. The Court, exercising (in the public nature of criminal proceedings) the function
of justice assumes legislative right to inspect and evaluate (in terms of relevance, admissibility
and reliability) evidence presented by the prosecution and defense by establishing their
sources and comparison with other evidence, available in a criminal case (either provided by
the parties in the hearing), and produced by, at the request of the parties or on the initiative of
the court to obtain and study under the charge against the preliminary investigation or amended
in accordance with the law of criminal procedure.